Circular No. 14/2022/TT-BTC amends and supplements some articles of Circular No. 50/2017/TT-BTC and Circular No. 04/2021/TT-BTC regarding guidance on implementing Decree No. 73/2016/NĐ-CP and Decree No. 03/2021/NĐ-CP related to insurance. This document specifies additional conditions allowing the policyholder and insurance company to agree to change the payment deadline for insurance premiums or outstanding premiums in cases affected by the COVID-19 pandemic.
适用范围
Non-life insurance companies, branches of foreign non-life insurance companies in Vietnam, and other relevant organizations and individuals
要点
- The policyholder and the insurance company may agree to change the payment deadline for insurance premiums or outstanding premiums without collateral when meeting the conditions at localities applying social distancing and quarantine measures according to regulations on the COVID-19 pandemic (Article 21).
- The owner of a motor vehicle and the insurance company may agree to extend the insurance period corresponding to the time the vehicle does not participate in traffic due to the application of measures to prevent and control the COVID-19 pandemic (Article 3).
- The Management Council of the Fund may propose using the surplus of the Fund from previous years for expenditure items specified during the period from March 1, 2021, until the Prime Minister announces the end of the COVID-19 pandemic (Article 5).
- Insurance companies and relevant organizations and individuals must implement this Circular.
- This Circular takes effect from the date of issuance.
🌐 本文件的社会影响
- To alleviate financial pressure on businesses and people during the COVID-19 pandemic.
- To facilitate the implementation of insurance contracts flexibly by the parties involved.
❓ 常见问题
When does this Circular take effect?
Circular No. 14/2022/TT-BTC takes effect from the date of issuance.
In which cases can the payment deadline for insurance premiums be changed?
The policyholder and the insurance company at localities applying social distancing and quarantine measures according to regulations on the COVID-19 pandemic may agree to change the payment deadline for insurance premiums.
What expenditure items can use the surplus of the Fund?
The surplus of the Fund from previous years may be used for expenditure items specified in Clause 4, Clause 5, Clause 6, Clause 7, and Clause 8 of this Article during the period from March 1, 2021, until the Prime Minister announces the end of the COVID-19 pandemic.
全文
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MINISTRY OF FINANCE |
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SOCIALIST REPUBLIC OF VIET NAM |
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Number: 14/2022/TT-BTC |
Hanoi, February 28, 2022 |
CIRCULAR
Amending and supplementing some articles of Circular No. 50/2017/TT-BTC dated May 15, 2017 of the Ministry of Finance guiding the implementation of Decree No. 73/2016/NĐ-CP dated July 1, 2016 of the Government detailing the implementation of the Law on Insurance Business and the Law amending and supplementing certain provisions of the Law on Insurance Business and Circular No. 04/2021/TT-BTC dated January 15, 2021 of the Ministry of Finance detailing certain provisions of Decree No. 03/2021/NĐ-CP dated January 15, 2021 of the Government on mandatory civil liability insurance for motor vehicles
The Law on Insurance Business dated December 9, 2000;
The Law amending and supplementing certain provisions of the Law on Insurance Business dated November 24, 2010;
The Law amending and supplementing certain provisions of the Law on Insurance Business and the Intellectual Property Law dated June 14, 2019;
Decision No. 30/2021/QH15 dated July 28, 2021 of the National Assembly assigning the Government and the Prime Minister to implement urgent measures in preventing and controlling the COVID-19 pandemic;
Decree No. 73/2016/NĐ-CP dated July 1, 2016 of the Government detailing the implementation of the Law on Insurance Business and the Law amending and supplementing certain provisions of the Law on Insurance Business;
Decree No. 03/2021/NĐ-CP dated January 15, 2021 of the Government on mandatory civil liability insurance for motor vehicles;
Circular No. 50/2017/TT-BTC dated May 15, 2017 of the Ministry of Finance guiding the implementation of Decree No. 73/2016/NĐ-CP dated July 1, 2016 of the Government detailing the implementation of the Law on Insurance Business and the Law amending and supplementing certain provisions of the Law on Insurance Business and Circular No. 04/2021/TT-BTC dated January 15, 2021 of the Ministry of Finance detailing certain provisions of Decree No. 03/2021/NĐ-CP dated January 15, 2021 of the Government on mandatory civil liability insurance for motor vehicles.
On the basis of Article 1. Amending and supplementing some articles of Circular No. 50/2017/TT-BTC dated May 15, 2017 of the Ministry of Finance guiding the implementation of Decree No. 73/2016/NĐ-CP dated July 1, 2016 of the Government detailing the implementation of the Law on Insurance Business and the Law amending and supplementing certain provisions of the Law on Insurance Business Supplementing sub-item e after sub-item d point 1.1 clause 1 Article 21 as follows:
On the basis of "e. The policyholder and the insurance company may agree to change the payment term of the insurance premium or agree to owe the insurance premium without requiring collateral or guarantee for the payment of the insurance premium when meeting the following conditions:
Pursuant to Resolution No. - The policyholder or the insurance company (including headquarters, branches, representative offices, business locations) in localities implementing social distancing according to Directive No. 15/CT-TTg dated March 27, 2020 of the Prime Minister on resolutely implementing the peak period of prevention and control of the COVID-19 epidemic, Directive No. 16/CT-TTg dated March 31, 2020 of the Prime Minister on implementing urgent measures to prevent and control the COVID-19 epidemic or areas under medical quarantine, lockdowns to control the COVID-19 epidemic according to the competent authority's documents or localities determined to be at very high risk or high risk according to Resolution No. 128/NQ-CP dated October 11, 2021 of the Government promulgating temporary regulations on "Adapting safely, flexibly, effectively controlling the COVID-19 epidemic".
Decree No. Decree No. 87/2017/NĐ-CP dated July 26, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Decree No. - The policyholder incurs the obligation to pay the insurance premium during the period from January 1, 2021 until the Prime Minister announces the end of the COVID-19 epidemic. In all cases, the payment term of the insurance premium shall not exceed the insurance period stipulated in the insurance contract."
Decree No. Decision No. 03/2021/ND-CP dated January 15, 2021 of the Government on mandatory civil liability insurance for motor vehicle owners;
At the proposal of the Director of the Department of Management and Supervision of Insurance;
The Minister of Finance issues this Circular amending and supplementing certain Articles of Circular No. Circular No. 50/2017/TT-BTC dated May 15, 2017 of the Ministry of Finance guiding the implementation of Decree No. 73/2016/ND-CP dated July 1, 2016 of the Government detailing the implementation of the Law on Insurance Business and the Law Amending and Supplementing Certain Provisions of the Law on Insurance Business and Circular No. 04/2021/TT-BTC dated January 15, 2021 of the Ministry of Finance detailing certain provisions of Decree No. 03/2021/ND-CP dated January 15, 2021 of the Government on mandatory civil liability insurance for motor vehicle owners.
Add sub-clause e following sub-clause d point 1.1 Clause 1 Article 21 as follows:
"e. The insured party and the insurance company may agree to change the payment term of the insurance premium or agree to owe the insurance premium without collateral or guarantee for the payment of the insurance premium when meeting the following conditions:
- The insured party or the insurance company (including headquarters, branch, representative office, business location) in localities implementing social distancing according to Directive No. 15/CT-TTg dated March 27, 2020 of the Prime Minister on resolutely implementing the peak period of prevention and control of COVID-19, Directive No. 16/CT-TTg dated March 31, 2020 of the Prime Minister on implementing urgent measures to prevent and control COVID-19 or areas under quarantine, lockdown due to epidemic foci to control the COVID-19 pandemic according to the authority with competent jurisdiction or localities determined to be at very high or high risk of COVID-19 transmission according to Resolution No. 128/NQ-CP dated October 11, 2021 of the Government promulgating temporary regulations on "Adapting safely, flexibly, effectively controlling the COVID-19 pandemic".
- The insured party incurs the obligation to pay the insurance premium during the period from January 1, 2021 until the Prime Minister announces the end of the COVID-19 pandemic. In all cases, the payment term of the insurance premium shall not exceed the insurance period stipulated in the insurance contract".
Article 2. Amending and supplementing some articles of Circular No. 04/2021/TT-BTC dated January 15, 2021 of the Ministry of Finance detailing certain provisions of Government Decree No. 03/2021/NĐ-CP dated January 15, 2021 on mandatory civil liability insurance for motor vehicles.
1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:
Article 3. Insurance premium
1. The insurance premium for each type of motor vehicle is specified in Appendix I attached to Circular No. 04/2021/TT-BTC.
2. The owner of a motor vehicle and the insurance company may agree to extend the insurance period corresponding to the time when the motor vehicle does not participate in traffic or operate due to the implementation of measures to prevent and control COVID-19, ensuring compliance with insurance business laws, civil laws, and related laws when meeting the following conditions:
The owner of a motor vehicle in localities implementing social distancing as stipulated in Directive No. 15/CT-TTg, Directive No. 16/CT-TTg, or areas under quarantine or lockdown to control the spread of COVID-19 according to the competent authority's documents or localities classified as very high risk or high risk according to Resolution No. 128/NQ-CP from January 1, 2021 until the Prime Minister announces the end of the COVID-19 pandemic.
2. Supplement Clause 9 after Clause 8 of Article 5 as follows:
"9. From March 1, 2021 until the Prime Minister announces the end of the COVID-19 pandemic, the Management Board of the Fund may propose the Vietnam Insurance Association to report to the Ministry of Finance for consideration and permission to use the surplus of the Fund from previous years for the purposes specified in Clauses 4, 5, 6, 7, and 8 of this Article; the level of expenditure for each item shall not exceed the ratio prescribed in Clauses 4, 5, 6, 7, and 8 of this Article, up to a maximum of 1% as stipulated in Clause 1 of Article 26 of Government Decree No. 03/2021/NĐ-CP."
This Circular takes effect from December 25, 2025/.
Non-life insurance companies, branches of foreign non-life insurance companies in Vietnam, and other relevant organizations and individuals are responsible for implementing this Circular.
Article 4. Implementation provisions
This Circular takes effect from the date of issuance./.
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DEPUTY MINISTER |
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